Fraud Lawyers Sydney
- Strategic Defence for All Fraud Charges
- Proven Record of Dropped Charges
- Avoid a Criminal Conviction
- Clear Legal Strategy & Advice
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Expert Defence for Every Type of Fraud Offence
Fraud is a complex and broad area of criminal law in New South Wales, covering everything from minor allegations to highly organised white-collar crime. A conviction for any fraud offence can have devastating consequences for your reputation, career, and freedom.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our expert fraud lawyers provide strategic legal representation for all types of fraud charges, drawing on decades of combined experience to protect our clients.
Our criminal defence team has a proven track record of successfully defending clients across a wide spectrum of fraud matters, including:
- Centrelink Fraud
- Dealing With Property Suspected Proceeds Of Crime
- Dishonesty
- Embezzlement
- False Or Misleading Document
- Forgery
- Intention To Deceive
- Intention To Defraud By Destroying Accounts
- Intention To Defraud By False Or Misleading Statement
- Larceny By Servant Or Clerk
- Money Laundering
- Obtain Financial Advantage Or Property By Deception
- Possession Of Forged Document
Penalties for Fraud Offences in NSW
Fraud is a complex area of criminal law, with different actions carrying different maximum penalties under both State and Commonwealth legislation. The most common offences and their maximum penalties are outlined below.
| Offence | Legislation | Maximum Penalty |
|---|---|---|
| Obtain Financial Advantage or Property by Deception | Crimes Act 1900Â (NSW) | 10 years imprisonment |
| Forgery (Making or Using a False Document) | Crimes Act 1900Â (NSW) | 10 years imprisonment |
| Possession of Forged Document | Crimes Act 1900Â (NSW) | 10 years imprisonment |
| Identity Fraud (Using Identification to Commit a Serious Offence) | Crimes Act 1900Â (NSW) | 10 years imprisonment |
| General Dishonesty (Commonwealth Offences e.g. Centrelink Fraud) | Criminal Code Act 1995Â (Cth) | 10 years imprisonment |
| Officer of an Organisation Deceiving Members or Creditors | Crimes Act 1900Â (NSW) | 7 years imprisonment |
| Intention to Defraud by False or Misleading Statement | Crimes Act 1900Â (NSW) | 5 years imprisonment |
| Intention to Defraud by Destroying or Concealing Accounts | Crimes Act 1900Â (NSW) | 5 years imprisonment |
It is Possible to Avoid a Criminal Conviction or Maximum Penalties
It is possible to avoid a criminal conviction or the maximum penalties for a fraud charge. The expert criminal defence lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to secure the best possible outcome for you.
We have a proven track record of successfully negotiating with the prosecution to have fraud charges withdrawn or downgraded. Where this is not possible, we can build a robust legal defence for a defended hearing or prepare a compelling plea in mitigation to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This allows the court to find you guilty but dismiss the charge without
What is a Fraud Offence?​
Fraud offences in New South Wales are serious criminal matters involving dishonest conduct intended to obtain property, financial advantage, or cause financial disadvantage to another. Under section 192E of the Crimes Act 1900 (NSW), it is a criminal offence to dishonestly acquire property belonging to someone else, obtain a financial advantage, or cause financial loss by deception.
Fraud charges can arise from a wide range of activities including Centrelink fraud, tax fraud, embezzlement, identity theft, money laundering, forgery, and making false or misleading statements. Each type of fraud carries its own legal complexities and potential penalties, which can include substantial fines and imprisonment.
Pleading 'Not Guilty' to a Fraud Charge
If you believe you are not guilty of the fraud charges, you have the right to contest the matter in court. The prosecution must prove every element of the offence beyond reasonable doubt, including dishonesty and intent to deceive.
A not guilty plea allows us to:
- Challenge the evidence and highlight inconsistencies or procedural errors.
- Present defences such as mistaken identity, lack of intent, or duress.
- Seek dismissal of charges or acquittal at trial.
Our experienced fraud lawyers will prepare a robust defence strategy tailored to your case, giving you the best chance of a successful outcome without a criminal conviction.
Pleading 'Guilty' to a Fraud Charge
Choosing to plead guilty is a serious decision that should only be made after receiving expert legal advice. Pleading guilty at the earliest opportunity may result in a reduced sentence or penalty.
When you plead guilty, we will:
- Advise you on the likely consequences and sentencing options.
- Prepare a compelling plea in mitigation highlighting your circumstances, such as lack of prior offences, remorse, or cooperation.
- Seek non-custodial outcomes where possible, including Section 10 dismissals or Conditional Release Orders, to avoid a criminal conviction being recorded.
Our goal is to minimise the impact on your future and secure the best possible result.
Common Defences in Fraud Cases
Fraud cases are often complex and require careful analysis of the evidence. Common defences include:
- Mistaken Identity:Â Arguing that you were wrongly identified as the perpetrator.
- Lack of Intent:Â Demonstrating there was no intention to deceive or act dishonestly.
- Procedural Errors:Â Challenging the legality of evidence collection or police conduct.
- Duress or Coercion:Â Showing you were forced to commit the offence.
- Mental Impairment:Â Where mental illness affects your capacity to understand the wrongdoing.
Each defence is tailored to the facts of your case to build a strong legal position.
Can You Get a Section 10 for a Fraud Offence?
Yes, it is possible to receive a Section 10 dismissal for a fraud offence in New South Wales. A Section 10 is an order under the Crimes (Sentencing and Procedure) Act where the court finds you guilty but dismisses the charge without recording a criminal conviction. This is the best possible outcome if you are pleading guilty, as it preserves your clean record.
To grant a Section 10, the court considers several factors, including:
- Your character, age, health, and criminal history.
- The nature of the offence and any extenuating circumstances.
- Whether the offence was trivial.
Our expert criminal defence lawyers have a proven track record of preparing persuasive arguments for the court, highlighting these factors to secure a Section 10 dismissal for our clients. We work to demonstrate why it is inappropriate to issue a conviction, protecting your future from the long-term consequences of a criminal record.
Can You Get Bail for a Fraud Offence?
Yes, you can get bail if you have been charged with a fraud offence. However, securing bail can be a complex process, particularly for serious allegations involving large sums of money or where you have a prior criminal history. The court will assess various factors to determine whether to grant bail, including the seriousness of the offence and any potential risk to the community.
An experienced fraud lawyer is essential for preparing a compelling bail application. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has extensive experience in successfully securing bail for clients facing even the most serious fraud charges. We meticulously prepare each application, presenting strong arguments and appropriate conditions to the court to ensure you can remain in the community while your case
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What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
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Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a history of achieving successful outcomes in complex fraud cases. Our focus is on having charges dropped early, securing 'not guilty' verdicts, and protecting our clients from a criminal record.
EXPERT FRAUD DEFENCE LAWYERS
Our senior lawyers have over 40 years of combined experience exclusively in criminal law. Their deep knowledge of fraud law and the NSW court system provides a significant advantage in your defence.
Free Strategy Session & 24/7 Help
We offer a free, initial Strategy Session to assess your fraud case and outline your options. Our team is available 24/7 because we know that when your reputation is on the line, immediate legal advice is crucial.
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FAQs
What is the first thing i should do if i'm charged with a fraud offence?
You should contact an expert criminal lawyer immediately. Do not speak to the police or attend any interviews without legal representation. The team at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is available 24/7 and offers a free initial consultation to protect your rights from the very beginning.
What is considered a fraud offence in nsw?
A fraud offence generally involves any act of deception or dishonesty used to gain a financial advantage or cause a financial loss to another person. This is primarily covered under section 192E of the Crimes Act 1900 (NSW) and can include a wide range of actions, from simple scams to complex corporate schemes.
Do i really need a lawyer for a fraud charge?
Yes. Fraud law is a highly complex and technical area of the criminal justice system. The prosecution must prove dishonesty and deception beyond a reasonable doubt, which requires expert legal knowledge to challenge effectively. A specialist fraud lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can build a robust defence and navigate the legal process to secure the best possible outcome for you.
What are the most common types of fraud charges?
We defend clients against all types of fraud allegations, including Centrelink fraud, tax evasion, embezzlement by employees, credit card fraud, identity theft, money laundering, and obtaining a financial advantage by deception.
Will i go to jail if i'm convicted of fraud?
While imprisonment is a maximum penalty for many fraud offences, it is not guaranteed. An experienced criminal defence lawyer can argue for lesser penalties or even a non-conviction order. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a proven track record of securing non-custodial sentences for our clients.
Can a fraud charge be dropped?
Yes. It is possible to have fraud charges withdrawn. Our expert fraud lawyers can negotiate with the prosecution, highlighting weaknesses in their case or presenting evidence that shows a lack of intent or dishonesty. Early intervention significantly increases the chances of having charges dropped.
What happens during my free Strategy Session?
Your free strategy session with Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is a confidential discussion where we assess the details of your fraud case, explain the charges against you, outline your legal options, and provide a clear strategy for your defence.
What is the difference between pleading guilty and not guilty?
Pleading ‘not guilty’ means you are contesting the charges, and the prosecution must prove its case against you at a defended hearing. Pleading ‘guilty’ means you accept the charges, and your lawyer will focus on preparing a persuasive plea in mitigation to achieve the most lenient sentence possible. You should never plead guilty without getting expert legal advice first.
What are some common defences to fraud charges?
Common defences include arguing a lack of intent to deceive, that you acted under duress (were forced), mistaken identity, or that there was no financial advantage or loss. Our lawyers will meticulously analyse the evidence to determine the strongest possible legal defence for your specific case.
How much does a fraud lawyer cost?
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we are committed to transparency. We offer fixed-fee arrangements for many of our services, so you will know the full cost of your legal representation upfront, with no hidden surprises.
What is centrelink fraud?
Centrelink fraud involves dishonestly obtaining welfare payments you are not entitled to. This can include failing to declare income, misrepresenting your living situation, or providing false information. These are Commonwealth offences prosecuted seriously under the Criminal Code Act 1995 (Cth).
What is embezzlement?
Embezzlement is a type of fraud where a person in a position of trust (like an employee or director) dishonestly misappropriates assets or funds that they were entrusted to manage. We have extensive experience in defending these complex white-collar crime cases.
How long will my fraud case take to resolve?
The timeframe for a fraud case varies depending on its complexity and whether you plead guilty or not guilty. A straightforward guilty plea in the Local Court may resolve in a few months, while a complex defended trial in the District Court could take over a year. We will always work to resolve your matter as efficiently as possible.
Can i avoid a criminal conviction for a fraud offence?
Yes, it is possible. An expert lawyer can make a persuasive argument for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. This means you are found guilty, but no criminal conviction is recorded, protecting your reputation and future.
What is the penalty for obtaining financial advantage by deception?
Under section 192E of the Crimes Act 1900 (NSW), the maximum penalty for obtaining a financial advantage or property by deception is 10 years in prison. The actual penalty depends on the specific circumstances of the case, which is why expert legal representation is vital.
What does the prosecution have to prove in a fraud case?
The prosecution must prove, beyond a reasonable doubt, that you acted dishonestly, that your actions involved deception, and that these actions resulted in you obtaining property or a financial advantage, or causing a financial disadvantage to another. Our role is to dismantle their case at every point.
What if the fraud was a genuine mistake?
If you acted without dishonest intent and made a genuine mistake, this can form the basis of a strong legal defence. The expert lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can gather evidence to show a lack of intent to defraud, which is a key element the prosecution must prove.
What is the difference between local and district court for fraud charges?
Less serious fraud matters (typically involving lower monetary values) are handled in the Local Court, which has limits on the sentences it can impose. More serious and complex fraud cases, especially those involving large sums of money, are dealt with in the District Court, which can impose higher penalties, including longer terms of imprisonment.
Why should i choose a specialist criminal defence firm for a fraud charge?
Fraud is a specialised area of criminal law. A dedicated firm like Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has deep expertise in the specific legislation, evidentiary rules, and defence strategies that apply to fraud cases. This specialist knowledge gives you a significant advantage over a general practice lawyer.
How can Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help me?
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